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THE PEOPLE v. TANNER

No. 37372.

27 Ill.2d 82 (1963)

188 N.E.2d 42

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff in Error, v. ROY TANNER, JR., Defendant in Error.

Supreme Court of Illinois.

Opinion filed February 1, 1963.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, and CARL D. SNEED, State's Attorney, of Marion, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, of counsel,) for the People.

R.W. HARRIS, of Marion, (DAVID A. WARFORD and DUANE T. LEACH, of counsel,) for defendant in error.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

In this case we are called upon to determine the effect of the new Criminal Code of 1961 upon offenses committed before it became effective on January 1, 1962.

The defendant, Roy Tanner, Jr., was indicted on September 25, 1961, for the crime of statutory rape alleged to have been committed on August 29, 1961. On March 14, 1962, he moved to quash the indictment on the ground...

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